JUDGMENT This appeal under section 54 of the Land Acquisition Act, 1894 (for short, 'the Act'), is directed against the award dated 14.9.98 rendered by the IInd Addl. District Judge, Mhow, in Land Acquisition Reference Case No. 480/94. The acquired land is an irrigated agricultural land bearing survey numbers 15/1, 17/1 and 18/1, total area 0.249 hectares, situated at village Umaria. A tube-well and several trees are also situated on the land. The Notification u/S. 4(1) of the Act was issued on 10.6.88 and the one u/S. 6 was issued on 9.9.88. The Land Acquisition Officer assessed the amount of compensation at the rate of Rs. 67,500/- per hectare. At the instance of the appellant the reference was made u/S. 18 of the Act to the Court below which after taking evidence of the parties enhanced the amount of compensation to Rs. 95,000/- per hectare and also awarded some additional amount for the tube-well and trees. Feeling aggrieved by the award of the Court below, the appellant-owner has come up in appeal before this Court. I have heard Shri M.D. Arya, learned counsel for the appellant and Shri H.Y. Mehta, PL for respondent-State. Appellant has produced four certified copies of sale-deeds Ex. P-2 to P-5 in the Court below and examined himself in evidence. These sale deeds were of un-irrigated lands and were of the dates 6.10.87, 8.8.88, 9.8.88 and 17.7.89. However, neither the vendor nor the vendee of any of these sale deeds were examined in evidence. The Court below, however, ignored these documents on the ground that these sale deeds do not pertain to the date of issuance of notification u/S. 4 of the Act. It is, however, not clear as to on what basis the Court below has come to the figure of Rs. 95,000/- per hectare, which according to the Court below was the estimated market value of the land on the relevant date. It is true that u/S. 51 A of the Act, cer1ified copies of the sale deeds are admissible in evidence without any formal proof of their execution. However, as held recently by the Apex Court in C.A. Nos. 10188/89 : "It is now well settled legal position as laid in the case of P. Ram Reddy & Ors. v. Land Acquisition Officer, Hyderabad Urban Development Authority, Hyderabad & Ors.
However, as held recently by the Apex Court in C.A. Nos. 10188/89 : "It is now well settled legal position as laid in the case of P. Ram Reddy & Ors. v. Land Acquisition Officer, Hyderabad Urban Development Authority, Hyderabad & Ors. [ (1995) 2 SCC 305 ], followed by catena of other decisions that filing of the certified copies of the sale deeds and marked thereof under section 51-A is only to enable the claimants to dispense with the obligation to produce the original sale deeds from the owners who are disinclined to part with their valuable title deed during long pendency of the proceedings. However, the claimants are enjoined to call as witnesses the vendor or the vendee to prove the transactions as genuine in nature and also the extent of consideration paid and relative nature of value of land as required under law. In this case, though the documents, Ex. P-5 to P-8 have been marked none of the persons connected with the documents has been examined." The four sale deeds produced before the Court below though do not pertain to the date of acquisition but two of them were executed within 2 months of the relevant date. The other two were executed about six months before and after issuance of the notification. The relevancy of these documents cannot be, therefore, disputed. In any case, the finding regarding market value of the lands recorded by the Court below is based on no evidence. The reference Court obviously committed error in ignoring the sale deeds and basing its conclusion on mere conjuctures and surmises. Under the circumstance, it appears necessary to remand the case back to the reference Court for taking additional evidence of the parties and also affording opportunity to the appellant to examine vendors and the vendees of the aforesaid sale deeds. In the result I allow this appeal, set-aside the impugned award and remand the case back to the reference Court below for disposal in accordance with law. The Court below is expected to decide the case within 6 months from the date of receipt of copy of this order. Status-quo shall be maintained with respect to the amount already disbursed to the appellant-claimant. No recovery shall be made from her till reference is decided finally. The parties are directed to appear before the Court concerned on 12.5.99.
The Court below is expected to decide the case within 6 months from the date of receipt of copy of this order. Status-quo shall be maintained with respect to the amount already disbursed to the appellant-claimant. No recovery shall be made from her till reference is decided finally. The parties are directed to appear before the Court concerned on 12.5.99. There shall be no order as to the costs of this appeal.